2018 MLD 937 KARACHI-HIGH-COURT-SINDH

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Syed IMTIAZ HUSSAIN VS ABDUL AZIZ 1985 CLC 892, 1986 CLC 1280, 1988 MLD 602, 1996 SCMR 1323, 1998 MLD 940, 2012 SCMR 1498, 2017 MLD 605, S. 15---eviction petition---Willful default---Personal bona fide need---Scope---Testimony of the landlord not rebutted---Effect---Petitioner/tenant contended that rented premises was actually required for the son of landlord which was hardly ground for eviction---Respondent/landlord contended that tenant had made willful default in payment of monthly rent and landlord needed the premises in good faith---Validity---Sole testimony of the landlord was sufficient to establish personal bona fide need of the rented premises if the lanlord's statement on oath was consistent with the averments made in the eviction application---Sole testimony of the landlord when not rebutted in cross-examination, the burden on the part of landlord stood discharged---Tenant had failed to prove his case before both the Courts below on the said point of determination framed by the Rent Tribunal---Powers under constitutional jurisdiction were limited and confined only to ascertain whether the lower courts had flouted the statute or failed to follow the law relating thereto---No illegality or infirmity having been noticed in the impugned orders passed by both the Courts below---Constitutional petition was dismissed.